Competition Act & Government Agencies

CCS is the adviser to Government and other public agencies on national policies in respect of competition matters generally. In this regard, CCS receives requests for advice on a wide range of competition issues, including the impact of government policies on competition in the affected markets, the structure of public procurement to encourage greater competition between suppliers, and the supply of goods and services by the government, and government divestments. 

Government agencies which require assistance on competition-related matters are encouraged to contact the CCS. Queries can be directed through our general hotline: 1800-325 8282 or via email at CCS-GAM@ccs.gov.sg. Information provided for the purpose of the advisories will be kept confidential.

Government agencies may wish to refer to Government and Competition: A Toolkit for Government Agencies for more information on CCS's government advisory process. Government agencies are encouraged to approach the CCS early during their policy formulation process so that CCS can provide its advice in a timely manner.

CCS's inputs will generally be limited to the competition assessment of the proposed policy and where possible, helping to identify ways to alleviate these competition concerns. The government agencies seeking inputs will then be able to weigh the CCS's advice on competition issues against any other relevant policy considerations in their policy-formulation process.

As policy formulation may be confidential, the CCS will generally not ask for information from, or consult with, private third parties without the consent of the requesting government agency. The relevance and usefulness of CCS's inputs will therefore depend critically on the currency and extent of the information provided by the requesting government agency.

CCS conducts regular presentations on the Competition Act and training sessions on specific areas of interest such as bid-rigging detection and prevention. CCS also collaborates with government agencies to study specific markets with possible competition concerns, and research on competition-related topics.

Government agencies with specific needs or areas of interest can contact the CCS through our general hotline: 1800-325 8282 or via via the General Feedback Form.

Section 33(4) of the Competition Act ("Act") provides that the Act shall not apply to any activity carried on by, any agreement entered into or any conduct on part of (a) Government; (b) statutory body; or (c) any person acting on behalf of the Government or that statutory body, as the case may be, in relation to the activity, agreement or conduct.

Accordingly, the activities, agreements and conduct of the Government and statutory bodies are generally excluded from the Act. The reason for the exclusion is because the intent of competition law is to regulate conduct of market players, and not the Government and statutory bodies that perform public and statutory functions.

In relation to whether a person is acting on behalf of the Government or a statutory body so as to fall within the exclusion of section 33(4)(c), a case-by-case assessment would have to be made based on the facts of the case. It should be noted that a mere approval by a public authority is insufficient for this purpose. Notwithstanding the above, CCS encourages government agencies to carefully assess the competition impact of their policies or initiatives on the affected markets as part of their policy formulation process. CCS provides assistance to government agencies in this regard.

Yes, generally the Act will apply to commercial and economic activities carried on by private sector entities in all sectors, regardless of whether they are owned by the Singapore Government. These include government-linked companies or private limited companies where the Singapore Government or its statutory boards are shareholders.

The Act applies to commercial and economic activities carried on by private sector entities in all sectors, other than matters or mergers excluded as specified in the Third and Fourth Schedules of the Act.

The sectors/activities listed below are excluded under the Third and Fourth Schedules and are under the mandate of the respective sectoral regulators:

Cross-sectoral competition issues will be dealt with by CCS in consultation with the sector regulators. CCS will work closely with the relevant sector regulators to address any administrative or regulatory issues. The agency that is best placed to investigate the alleged anti-competitive conduct and impose necessary remedies will usually be the lead agency.

In addition, CCS facilitates the Community of Practice for Competition and Economic Regulations (COPCOMER). COPCOMER serves as a platform for CCS and participating sector regulators to share experiences and exchange ideas on competition and regulatory issues. COPCOMER activities include seminars on competition and regulatory topics and a quarterly newsletter on interesting overseas developments in this area. Government officers who are interested to join COPCOMER activities are encouraged to contact CCS through our general hotline: 1800-325 8282 or via email to CCS-GAM@ccs.gov.sg.

COPCOMER stands for Community of Practice for Competition and Economic Regulations. COPCOMER serves as a platform for CCS and participating sector regulators to share experiences and exchange ideas on competition and regulatory issues. COPCOMER activities include seminars on competition and regulatory topics and a quarterly newsletter on interesting overseas developments in this area. Government officers who are interested to join COPCOMER activities are encouraged to contact us via email at CCS-GAM@ccs.gov.sg.